Homicide charge sought in bicyclist’s death

EVERETT — A driver who struck and killed a bicyclist in south Everett last fall had a sleeping disorder and was not supposed to be behind the wheel without taking medication, according to a police report.

Everett police have asked prosecutors to charge the man, 56, of Kirkland, with vehicular homicide. He reportedly crashed his truck in Renton in 2010 after not taking his medication.

Police last week declined to say why they were seeking the homicide charge. The theory of their case is laid out in an affidavit obtained by The Herald under state public records laws.

The Oct. 17 crash along Evergreen Way just south of SW Everett Mall Way took the life of Trent Graham, 30. Graham was a local cycling enthusiast, artist and father.

He was on his way home from work at Gregg’s Cycles in Alderwood at the time of crash.

Witnesses told police the driver of a Toyota Tundra looked like he was slumped over before the crash. Surveillance video showed the truck cross all lanes of traffic and strike Graham without any visible signs of braking. Graham died at the scene.

Police initially suspected the driver was texting, but forensic analysis of his cellphone didn’t produce any conclusive evidence, records show. Illegal drugs, alcohol and mechanical problems also were ruled out.

In the Renton crash, police alleged that the same driver fell asleep at the wheel. His truck went off the road and struck a utility pole and a chain-link fence.

He reportedly told Renton police he had a sleeping disorder. He said his doctor had told him not to drive without taking his medication.

Under state law, someone commits vehicular homicide when they cause a death by driving recklessly or with disregard for others’ safety. It is most commonly charged in drunken driving fatalities.

The Everett police investigation was completed and forwarded to prosecutors for review on March 19.